This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through computer code. The article introduces the technology and related potential and limitations while stressing its capacity to act as a form of normative ordering that can express public or private objectives.
Open Access' main goal is not the subversion of publishers' role as driving actors in an oligopolistic market characterized by reduced competition and higher prices. OA's main function is to be found somewhere else, namely in the ability to subvert the power to control science's governance and its future directions (Open Science), a power that is more often found within the academic institutions rather than outside. By decentralizing and opening-up not just the way in which scholarship is published but also the way in which it is assessed, OA removes the barriers that helped turn science into an intellectual oligopoly even before an economic one. The goal of this paper is to demonstrate that Open Access is a key enabler of Open Science, which in turn will lead to a more Open Society. Furthermore, the paper argues that while legislative interventions play an important role in the top-down regulation of Open Access, legislators currently lack an informed and systematic vision on the role of Open Access in science and society. In this historical phase, other complementary forms of intervention (bottom-up) appear much more "informed" and effective. This paper, which intends to set the stage for future research, identifies a few pieces of the puzzle: the relationship between formal and informal norms in the field of Open Science and how this impact on intellectual property rights, the protection of personal data, the assessment of science and the technology employed for the communication of science.
The right to academic freedom protected both under international treaties and national constitutions is at the very heart of social, cultural, and economic development. As far as scientific research and teaching are concerned, copyright has to be considered within the context of a proper balancing of rights. This issue will be addressed taking into account the traditional publication model in light of the peculiarities of scientific research, including the mechanisms of evaluating research and the relevant stakeholders’s interests that differ from those characterizing other sectors of content production. We will analyze whether the current practice in academic content dissemination and legal framework are compliant with academic freedom principles, considering the role of copyright in science. Since effective protection of academic freedom also depends on the possibility of access to knowledge, we will examine whether and how the open access model can achieve a proper balance between the rights at stake, looking at legal instruments recently issued by Italian, German, and US legislatures. Proposal for copyright provisions tailored to specific needs of the scientific field will be considered as well
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